Nay Patent Linkages: Bayer v. UOI upheld by the Division Bench of Delhi HC

/ By / Patent

I had previously posted (click here for the post) on the judgment of the single judge of the Delhi High Court in relation to Bayer Corporation’s attempt to bring in patent linkages (click here for previous post on the same) through the back door. Bayer sought to prevent the granting of marketing approval under the Drugs and Cosmetics Act (DCA) to Cipla’s drug Soranib on the grounds that it violated its valid patent. The drug is used in the treatment […]

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The BT Brinjal fiasco: Time to pass the National Biotechnology Regulatory Authority Bill?

/ By / Uncategorized

The last few weeks have been witness to several very vocal, sometime violent, protests against the introduction of BT Brinjal into the Indian market. The Ministry of Environment under the stewardship of Jairam Ramesh has attempted to convince the Indian people that this latest innovation has been tested adequately as per the law of the country and that the same were safe both for the environment and for human consumption. The fiasco at the public hearings however is clearly indicative

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Payyanur Ring GI: religious sentiment no bar to registration

/ By / Uncategorized

The GI Registry recently issued an order on the Payyannur Pavithra Ring, a traditional adornment from north Kerala, stating that “the use of sentimental of religion does not bar for registration.” Payyannur Pavithra Ring, Artisans & Devp versus K Balakrishnan [2009 (41) PTC 719 (GIG)] – unfortunately I cannot find an online copy of this order – has observations which would have been more interesting than they are at present had they been better phrased. [Image from here] FYI, for

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Bombay High Court declines to hear interim CL applications; shows the Appellant the way to the Copyright Board

/ By / Copyright

In a concise 28 page Order dated 22nd January, 2010, a Division Bench of the Bombay High Court in the case of Music Choice India Pvt. Ltd. v. Phonographic Performance Ltd. has turned down the appeal of the appellant radio station to grant interim relief until such time that the Copyright Board heard and decided it Compulsory Licensing (CL) application. The radio station Appellant had filed a CL application with the Copyright Board back in 2007 after several rounds of

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Buckuchurbu and (re) Hydrating Indian Traditional Knowledge

/ By / Uncategorized

In an earlier post, I highlighted the alleged potential of Crofelemer, a drug to mitigate some of the sufferings in Haiti. This drug for tackling dehydration was based on ancient shamanic wisdom and is allegedly better than most rehydrating solutions known today. Closer home, a rare medicinal plant found in Arunachal Pradesh 3 years back is touted as having excellent re-hydration properties. An article notes the discovery of this plant, known interestingly as “Buckuchurbu” to the locals: “Begonia Tessaricarpa, last

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The Haitian Plight and Traditional Knowledge: A Promise Unfulfilled?

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As we watch with horror at the plight of many in Haiti, the last thing on our minds is the nexus between traditional knowledge and the sad events that unfolded in the wake of a devastating earthquake almost a month back. According to this piece in the Huffington Post, there is indeed a significant nexus here. Apparently, the traditional medicinal wisdom of the Shamanic healers from the Amazonian forests was leveraged to create a drug, Crofelemer whose properties could be

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IPR Summit 2010

/ By / Uncategorized

In an effort to enhance education in the filed of intellectual property law ,George Washington University Law School in collaboration with Confederation of Indian Industry (CII) has been hosting the IPR Summit since 2004.The Summit from its inception has attracted stellar IP experts ,academcians, policy makers and stalwarts from the IP industry. The 7th edition of this prestigious Summit will flag off on 14 February,2010 at New Delhi. A moot court is scheduled on 14 February,2010 at National Law School,

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Indian "Bayh Dole" Problems: Some Resources

/ By / Patent

In an earlier post, I linked up to an editorial in the Mint highlighting some of the key problems with the Indian Bayh Dole bill. I also referred to a paper where I elaborate on these issues. Some of you wrote to state that you had difficulties downloading it from the SpicyIP website. I have therefore now uploaded it to the SSRN website and you can access it by clicking on this link (and then proceeding to click the “download”

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The National Biodiversity Authority invites comments on draft amendments

/ By / Biological Diversity

The National Biodiversity Authority (NBA), the statutory authority, under the Biological Diversity Act, 2002 has put out a delightfully public notice requesting public participation and comments on the following: (i)International Regime on Access and Benefit Sharing;(ii)Evolving sui generis system for the protection of Traditional Knowledge; &(iii)Amendments to the Biological Diversity Act, 2002 and Biological Diversity Rules, 2004. The public notice along with the relevant reference material can be accessed here. I use the words ‘delightfully public notice’ because in sharp

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Abbott’s "Humira" Patent Unilaterally Revoked by Indian Patent Office

/ By / Uncategorized

In a rather bizarre incident, the Indian Patent Office (IPO) granted a patent to Abbott Laboratories relating to Humira, its best selling biologic meant to cure severe forms of arthritis. And then proceeded to revoke it a month later on its own accord! On receiving the rather pithy “cancellation” order from the IPO, a visibly shaken Abbott approached the Delhi High Court. Justice Muralidhar promptly stayed this unusual action by the IPO and issued a notice to it, returnable by

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